O acesso civil as armas como direito e garantia fundamental: conflito entre o estatuto do desarmamento e Constituição Federal

Abstract

Abstract: the monograph addressing the issue of access to firearms as a Fundamental Right and Guarantee. A work is divided into three chapters. Chapter 1 is a process of historical analysis of data series in Brazil and the world, with a detailed theoretical description, bringing a detailed history, going to a dialysis and Gramishiana and marxiation, also philosophical and totally legal. In the second chapter, the conceptual and doctrinal issues, related to fundamental principles, rights and guarantees. The last third chapter gives rise to an eminently legal analysis of access as weapons as a right and a fundamental guarantee, addressing existing legislation, there is no law that is analyzed by constitutional bias. In the first chapter, concluding that, historically, the five governments have authoritatively banned access as weapons to ensure population domination, while countries argue that the citizen has access to arms as the maintenance of that freedom. In the second, we work on doctrinal and pedagogical concepts about fundamental rights and guarantees. Finally, there is no third, from conditioned, constitutionally verified, concluded rights, which are the effective rights in favor of copyright and the rights reserved to certain resources, and what is the access to the arms to allow the self-defense of rights and fundamental guarantees, and we also address the unconstitutionality present in its legal order to prohibit the carrying of a weapon, preventing selfdefense of rights at the time of its attack.